the terms of the contract the part of which specific performance is sought, is to be performed first.

10. The complaint in injunction, should state the contract or other facts, entitling the plaintiff, to demand that the defendants should not do the act, from doing which it is sought to injoin him, and also the belief of the plaintiff that the defendant intends to do such act. The oath of the plaintiff shall

be sufficient evidence of such belief.

11. A complaint in contract, shall state the contract, the violation thereof, and the fact that the plaintiff has sustained damage by reason of such violation. But it shall not be necessary to specify any amount of damages.

12. A complaint in replevin, shall state that the defendant detained certain specified movable property of the plaintiff, enumerating the same.

13. A complaint in ejectment, may state that the plaintiff was possessed of the land sought to be recovered, or that any other person was possessed of it, and that the defendant or defendants detain said land; and if possession thereof in the plaintiff be not averred, such complaint shall contain an averment, that the title of the person in whom possession is averred, hath come to the plaintiff. A widow may recover her dower in the same form.

14. A complaint in ejectment, may state that the defendant detains the lands of the plaintiff, to which he is entitled, under a grant from the society or other authority, having power according to law, to grant land in the first instance, or from the defendant himself to the plaintiff, or to any other person who may be named in the complaint, and in the last case, the complaint shall contain an averment that the title of such person hath come to the plaintiff. The allegation of possession, is sufficiently proved by proving title, unless some other person is proved to have been in possession, at the time at which it was important, to prove possession, in the plaintiff, or the person under whom he claims.

15. A complaint in ejectment may state that a judgment, to be recited in the complaint, was obtained against the defendant, that an execution issued thereon, and that the sheriff or the other proper officer, in pursuance thereof, sold certain lands of the defendants, to the plaintiff, or to any

other person, and that the defendant detains the said lands. If the sale by the officer, is not alleged to have been made to the plaintiff, the complaint must also state, that the title of the person, to whom the sale was made, has come to the plaintiff.

16. When an action of ejectment, is brought against a tenant who holds over, it shall be sufficient for the complaint to state the lease or renting to the defendant, and that his time has expired. If the defendant be not the original tenant, or the plaintiff not the original landlord, the title of those parties to the action, who are not parties to the lease, shall be deduced in general terms from the lessor or lessee, as the case may require.

17. When an action of ejectment, is brought to recover property which has been leased, and the interest of the lessee or his assignee, forfeited by the non-payment of rent, it shall be necessary for the complaint, to state summarily the lease, the clause of re-entry and the arrearage of a year's rent, whereby the interest of the defendant is forfeited, and that notwithstanding such forfeiture, he detains the land. If the action be not between the original parties to the lease, the title of those parties to the action, who are not parties to the lease, shall be deduced in general terms from the lessor or lessee, as the case may require.

18. The complaint in an action of damages, shall state the injury complained of, and the fact that the plaintiff hath sustained damages thereby ; but it shall not be necessary to specify any amount of damages.

19. A complaint in damages to real property, must either state that the plaintiff at the time of the injury complained of, was possessed thereof, or that he was formerly possessed thereof, and had parted with the possession thereof, to be reinstated therein at some period, or upon the happening of some contingency, or it must aver the same facts as to some other person, and deduce title like a complaint in ejectment. But no person can maintain an action of damages, for an injury to real property done before his title to the same accrued. The allegation of possession, shall be sufficiently proved by shewing title, unless some other person is proved to have been in possession

at the time, at which it was important to prove possession in the plaintiff, or those under whom he claims.

20. A complaint in damages for an injury to personal property, must state that the plaintiff was the proprietor of the goods, which were the subject of the injury, or that he was possessed of them, and shall also state such injury, which may consist in taking, using, damaging, destroying, selling or detaining such goods, or in any act which may diminish the value thereof, or render the possession of them insecure.

21. A complaint in damages, for a personal injury to the person or reputation of the plaintiff, need only state the injury. If the injury complained of, be a malicious or improper suit, prosecution, or other legal proceeding, the complaint must shew that such suit, prosecution or proceeding is at an end, and has terminated in favour of the present plaintiff.

22. A complaint in an action of damages, for an injury to the domestic relations of the plaintiff, must state the relation upon which it is intended to rely, the injury, and also that the plaintiff sustained damage thereby.

23. The plaintiff may once amend his complaint or withdraw it, and file a new one at any time before the case is ready for trial, but he must pay the whole costs of the action, incurred by both parties, up to the time of such amendment, and if he change his form of action, he shall lose the benefit of bail, if any has been given.

CHAPTER V.

OF THE ANSWER.

1. The defendant may either deny the truth of the facts stated in the complaint, or he may deny that they are sufficient in law to maintain an action, or he may do both, and in so doing, he is not confined to any form.

2. If the defendant deny both the facts and the law, the question of law shall first be disposed of.

3. The defendant may file an answer to the complaint, setting forth new facts to excuse or justify his conduct, every such answer must be in writing, and must contain a distinct,

intelligible and sufficient answer to the complaint, or to such parts thereof, as it professes to answer, or judgment shall be given for the plaintiff.

4. Every answer which is not a mere denial of the truth of the facts alleged in the complaint, or of the law assumed in the same or of both, must commence 'The defendant denies the right of the plaintiff to recover, because,' and conclude 'And this the defendant is ready to prove.' No other form is necessary.

5. Every answer must be filed within twenty days after the appearance of the defendant, provided that the complaint shall have been filed before the expiration of ten days from the said appearance, otherwise it shall be filed within ten days after the defendant shall have received notice of filing the complaint.

6. If no answer is filed as provided in the last section, the defendant shall be understood to deny the truth of the facts, and to rest on that defence only. Every answer may be once amended or withdrawn, and a new one filed, or an additional answer filed, but this must be done so as to produce no delay in the trial of the cause, and the defendant must pay all the costs of the action incurred by both parties, previous to such amendment.

7. If the defendant have really several answers to the complaint, he may avail himself of them all, separating them by commencing each new answer with the words 'And also because.'

8. No general denial, whether expressed or implied, shall ever be construed, in an answer or reply, to amount to an affirmation of any fact, such as payment, performance of a contract, inability of a defendant to contract, illegality of consideration, permission of the plaintiff, lapse of time, or other affirmative matter, of the intention to prove which, the other party ought in fairness to have notice. The fundamental principle upon which all complaints, answers or replies shall be constructed, shall be that of giving notice to the other party, of all new facts which it is intended to prove, whether they are consistent with the facts already stated to the court, or being inconsistent with the present existence of such facts, admit or imply their former existence, or shew that existing, they can have no legal effect.

OF THE REPLY AND SUBSEQUENT PROCEEDINGS. 57

CHAPTER VI.

OF THE REPLY AND SUBSEQUENT PROCEEDINGS.

1. The plaintiff must reply to the defendant's answer, within ten days after he has notice that it is filed, or he shall be obliged to rest his case on the denial of the truth of the answer only, to be construed agreeably to the principles of the eighth section of the last chapter.

2. The plaintiff may in his reply, either deny the truth of the answer, or that it constitutes a sufficient answer to his complaint or both. But if he denies both, the question of law must first be disposed of. Such denial is to be construed agreeably to the principles of the eighth section of the last chapter.

3. The plaintiff may reply new facts, if he thinks proper to do so, subject to the rules laid down for answers. Such a reply must commence, The plaintiff denies that the answer of the defendant is sufficient to prevent his recovery,' and conclude, 'And this the plaintiff is ready to prove.' No other form is necessary.

4. If the defendant choose to give any other answer, than the denial of fact or law to the reply, he may file a second answer, but this will be seldom necessary or proper; in like manner, the plaintiff may file a second reply, and so on, until one of the parties rest his case, on a denial of the facts stated, or law assumed, by the other party, or of both; such subsequent answers and replies, are subject to all the principles, rules and forms above laid down, such alterations being made in the forms, as circumstances may require.

5. Every answer and reply, must contain a distinct, intelligible and sufficient answer in writing, to the complaint, answer or reply to which it purports to be an answer or reply, or to such parts thereof as it professes to answer, and must not depart from the ground taken by the former answers or replies to the same party, or judgment shall be given for the other party.

6. If a party have really two or more sufficient answers or replies, to the answer or reply of his adversary, he may avail